Vinod Kumar (Ct/Dvr.) vs Union of India

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Vinod Kumar (Ct/Dvr.) - Appellant
Versus
Union of India - Respondent
W.P.(C) 13111 of 2022
Decided On : 09-09-2022

Important Points

Public authorities must respond timely to representations made to them, reinforcing procedural fairness and the right of individuals to receive decisions.

Subject

Administrative Law - Public Administration

Headnote

(A) Constitution of India - Article 226 - Directions sought to respond to the petitioner's representation - Petitioner was granted a personal audience but did not receive a decision - Court directed respondents to finalize the decision within four weeks and inform the petitioner thereafter. (Paras 2-3)

(B) Procedural Fairness - Right to a timely decision on representations made to public authorities is essential to uphold procedural fairness. (Paras 2)

Facts of the case:
The petitioner sought directions after waiting for a response to a representation dated 27.04.2021 despite a personal interview conducted on 15.06.2022 regarding the matter.

Findings of Court:
The Court disposed of the petition directing respondents to render a decision within four weeks and communicate it to the petitioner within one week.

Issues: The main issue addressed was the delay in responding to the petitioner’s representation and the duty of the authorities to act promptly.

Ratio Decidendi: The court emphasized the importance of timely responses by public authorities to maintain procedural fairness, recognizing the petitioner’s right to receive a decision on the representation made.

Result: Petition disposed of.

JUDGMENT (Oral)

1. Present petition has been filed seeking directions to the respondent no.3-Inspector General of Police (Rapid Action Force), CRPF, New Delhi to pass order pursuant to the personal audience/interview granted to the petitioner on 15.06.2022.

2. The petitioner made representation dated 27.04.2021 and thereafter personal audience/interview was granted to the petitioner by the Inspector General of Police on 15.06.2022 through video conferencing, however, till date, the decision on the representations has not been received by the petitioner.

3. Accordingly, we hereby dispose of the present petition by directing the respondents to take final decision on representation dated 27.04.2022 within four weeks from today and further to transmit the said decision to the petitioner within one week thereafter.

4. In view of above, petition is disposed of.

5. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.